Court : Supreme Court of India
..... in accordance with the provisions of the explanation to article 15 of the constitution inserted by the constitution (one hundred and third constitution amendment) act 2019. the solicitor general submitted that a period of four weeks would be required to conduct this exercise and the counselling would remain suspended during ..... backward classes, scheduled castes and scheduled tribes (reservation of seats in educational institutions and of appointments or posts in the services under the state) act 1993 providing 69 percent reservation. the enactment permits 50 percent reservation for backward classes and the most backward classes. therefore, both the state legislature ..... the obc seats in the aiq is constitutionally valid. the senior counsel made the following submissions: (i) parliament by the constitution (ninety-third amendment) act 2005 introduced clause (5) in article 15 providing reservation for the scs, sts and socially and educationally backward classes (or the obcs) in admission to .....
Tag this Judgment!Court : Supreme Court of India
..... of 1966, was promulgated by the president for the acquisition of the undertaking of metal corporation of india limited. the ordinance was replaced by an act of parliament (act 36 of 1966) which came into force on 3 december 1966. this led to another round of proceedings under article 226 of the 8 constitution ..... to vest the undertaking in a government company. once the metal corporation stood vested in a government company, the provisions of the then companies act 1956 and present companies act 2013 become applicable. thereupon, the government company would be entitled to exercise all such powers and to do all such things as metal corporation ..... officers association1 has invoked the jurisdiction of this court under article 32 of the constitution. the confederation, which is a trade union registered under the trade unions act 1926, is joined in these proceedings by three other petitioners, including a former 2 employee of hindustan zinc limited . the members of the confederation are, or .....
Tag this Judgment!Court : Supreme Court of India
..... promoters, adherence to sanctioned plans, insurance of real estate, payment of penalty, interest and compensation, etc. under chapters iii and viii of the act 2016. this classification between consumers and promoters is based upon the intelligible differentia between the rights, duties and obligations cast upon the allottees/home buyers and ..... the jurisdiction to adjudicate complaints under sections 12, 14, 18 and 19 which were earlier pending before the authority established under the consumer protection act, 1986 stands vested with the adjudicating officer. according to him, the legislative intent is clear and unambiguous that the complaints emanating from the bundle ..... be followed by the adjudicating officer while adjudging quantum of compensation and interest which the person aggrieved is entitled for under the provisions of the act.68. mr. kapil sibal, learned senior counsel for the appellants submits that both the authority and the adjudicating officer operate in completely distinct .....
Tag this Judgment!Court : Supreme Court of India
..... applicable in such licence cases. the applications for grant of licence are accordingly considered on merits of the case and as per provisions laid down in the act of 1975 and rules made thereunder. however, the government is seized of the matter and devising an alternate transparent system for the purpose is under active ..... & validity of applications for grant of license. . accordingly, in accordance with the powers conferred under section 9 a of the haryana development and regulation of urban area act, 1975, the governor of haryana is pleased to pronounce the following policy parameters in this regard: (i) in the towns/urban areas falling in hyper & high ..... manesar urban complex for perspective year 2025 will be published as per section 5(4) of the punjab schedule roads and controlled areas restriction of unregulated development act, 1963 for inviting the objections and suggestions. though a person can apply on the basis of the draft development plan 2025 after publication in the official .....
Tag this Judgment!Court : Supreme Court of India
..... commission of an organized crime by the members of organized crime syndicate, which warranted grant of prior approval to invoke section 3 of the 2000 act. this prior approval was assailed before the high court by way of writ petition filed much after the appropriate authority had already accorded sanction and ..... director general of police and commissioner of police, bengaluru city hereby grant/accord my prior approval to invoke section 3 of the karnataka control of organized crimes act 2000, to sri m.n. anucheth, ips, dcp (administration), bengaluru city and chief investigating officer (special investigation team) in the bengaluru city rajarajeshwari nagar ..... by the chief investigating officer of the sit to the commissioner of police, bengaluru city for according prior approval for invoking provisions of the 2000 act in respect of crime already registered. the commissioner of police, bengaluru city after going through the stated report, entire investigation papers and record of evidence .....
Tag this Judgment!Court : Supreme Court of India
..... company limited ....appellant(s) versus maharashtra electricity regulatory commission & ors. . respondent(s) judgment indira banerjee, j.this appeal, under section 125 of the electricity act 2003, is against a judgment and order dated 27th april 2021 passed by the appellate tribunal for electricity, hereinafter referred to, in short, as aptel , ..... sector while protecting the interest of consumers. mr. rohatgi submitted that this is also consistent with the principles set out in section 61 of the electricity act, specifically sections 61(b) and (d) i.e., to conduct generation, transmission and distribution of electricity on commercial principles and at the same ..... action, the courts can devise a workable formula that advances the goals and objective of the legislation.138. mr. mukerjee submitted that, while the electricity act, 2003 does not have a specific provision on execution of decrees/orders by the regulatory commissions, regulatory commissions have been held to be courts . in .....
Tag this Judgment!Court : Supreme Court of India
..... employee relationship, the doctrine of fairness has to be applied with more vigour when it involves an instrumentality of the state. therefore, a state is not expected to act adversely to the interest of the employee, and any discrimination should be a valid one. ultimately, one has to see the overwhelming public interest as every action ..... in this principle. it is also a species of estoppel dealing with the conduct of a party. we have already dealt with the provisions of the contract act concerning the conduct of a party, and his presumption of knowledge while confirming an offer through his acceptance unconditionally. 27.we would like to quote the following ..... manner for the other cases as well. primary facts:3. central power research institute (cpri) is an autonomous body registered as a society under the karnataka societies act, 1960. it functions under the aegis of the ministry of power. the object of this institution is to contribute to the power sector in the country for improved .....
Tag this Judgment!Court : Supreme Court of India
..... ncb 3 up-stf 2 3 since the occupants of the car were not well- versed with hindi or english, an 4 official belonging to the shasastra seema bal was summoned at the spot for the purpose of translation as he hailed from manipur and was conversant with the manipuri language. the statements of the three accused ..... observed thus: considering the rival submissions of learned counsel for parties, going through the recovery memo, alleged statement of the applicant recorded under section 67 of the ndps act and the certification of shri l.h. kapin, it is evident that indisputably the alleged contraband was recovered from the wiper fitted on the front bonnet of ..... three accused persons would be reaching uttar pradesh. the complaint states that the information was immediately reduced to writing. therefore, the contention that section 42 of the ndps act was not complied with is prima facie misplaced. the question is one that should be raised in the course of the trial. 30 the following circumstances are .....
Tag this Judgment!Court : Supreme Court of India
..... would apply only to the corporate debtor, the natural persons mentioned in section 141 continuing to be statutorily liable under chapter xvii of the negotiable instruments act. (emphasis supplied) we thus clarify that the petitioners would not be prevented by the moratorium under section 14 of the ibc from initiating proceedings against ..... interest created by the corporate debtor in respect of its property including any action under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (54 of 2002); (d) the recovery of any property by an owner or lessor where such property is occupied by or in the possession ..... interest created by the corporate debtor in respect of its property including any action under the securitization and reconstruction of financial assets and enforcement of security interest act, 2002; (d) the recovery of any property by an owner or lessor, where such property is occupied by or in the possession of the corporate .....
Tag this Judgment!Court : Supreme Court of India
..... it is contended on behalf of the appellant that this establishes the credibility of icbc within the indian commercial market.52. in the second schedule to the rbi act, icbc is listed in the same category of scheduled foreign banks in india as standard chartered bank, citi bank, american express banking corporation, hsbc limited etc. ..... on commercial law and practice.37. the icc task force on guarantees, the standing expert body created by icc in 2003 to monitor international guarantee practice, acted as a consultative body to the drafting group that produced five comprehensive drafts during the two-and-a-half-year revision process.38. the resulting urdg758were adopted ..... and commercial bank of china limited, mumbai, hereinafter referred to as icbc which is a scheduled bank included in the second schedule of the reserve bank of india act, 1934, and insisting that the appellant should furnish a fresh bank guarantee of the same amount, with identical terms, issued by a scheduled indian bank , .....
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